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Sudan plans to undertake intensive campaign against ICC decision

March 4, 2009 (KHARTOUM) — The Sudanese government vowed to push an intensive political and diplomatic campaign in the wake of an arrest warrant against president Omer Hassan Al-Bashir issued by the International Criminal Court (ICC) today.

Sudan’s Vice President Ali Osman Taha speaks in parliament in the capital Khartoum on July 14 2008 (AFP)
Sudan’s Vice President Ali Osman Taha speaks in parliament in the capital Khartoum on July 14 2008 (AFP)
Sudan official news agency (SUNA) quoted 2nd Vice President Ali Osman Taha in a press conference as saying that his government will “combat” the ICC decision in coordination with regional and international organizations including the Arab League and African Union (AU) as well as “friends and supporters” at the UN Security Council (UNSC) members such as China and Russia.

Taha accompanied by Darfur ex-rebel leader Minni Minnawi who is also senior presidential assistant, challenged those he described as “ICC supporters” to pass a resolution through the UNSC to impose sanctions on Sudan but said that “they have taken precautions”.

The court, set up in 2002, indicted Bashir on seven counts of war crimes and crimes against humanity, which include murder, rape and torture. The three-judge panel said it had insufficient grounds for genocide.

Bashir is the first sitting head of state indicted by the ICC since its establishment. Many Arab and African countries have expressed concern over the fallout from such a move by the ICC.

The Sudanese official reiterated Khartoum’s stance rejecting jurisdiction of The Hague based court since Sudan did not ratify the ICC’s founding Rome Statute.

He further said that Sudan will cease to request an Article 16 resolution of the ICC Statute from the UNSC suspending ICC indictment of Bashir for a period of 12 months that can be renewed indefinitely.

Last minute efforts by the Arab League and African Union (AU) to push for a UN Security Council (UNSC) resolution to halt the ICC proceedings against Bashir have failed to yield any results as Western veto wielding countries voiced strong opposition.

Taha accused the ICC of attempting to “create chaos” on the internal front through “pushing for a rift between the National Congress Party (NCP) and the Sudan People Liberation Movement (SPLM)”.

The 2nd Vice President also argued that the ICC arrest warrant has no legal basis since Bashir enjoys immunity as a head of state “in accordance with International Court of Justice (ICJ) and legal precedents by many European courts and even US courts”.

He affirmed Sudan’s commitments to conducting nation proceedings to prosecute those implicated in Darfur crimes.

Sudan appointed a Darfur special prosecutor who has recently announced that he investigating three figures including militia leader Ali Kushayb who is wanted by the ICC since April 2007.

Kushayb was previously held by Sudanese authorities but was leader released “for lack of incriminating evidence” according to officials in Khartoum.

In 2004 the UNSC formed a UN commission of inquiry to look into Darfur abuses headed by former President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Italian Antonio Cassese.

The commission concluded that the government did not pursue a policy of genocide in the Darfur region but that Khartoum and government-sponsored Arab militias known as the Janjaweed engaged in “widespread and systematic” abuse that may constitute crimes against humanity.

They further said that Sudanese judiciary is “is unable or unwilling” to prosecute those crimes and thus recommended referring the situation to the ICC.

(ST)

9 Comments

  • Moses Kuocgoor
    Moses Kuocgoor

    Sudan plans to undertake intensive campaign against ICC decision
    Mr. Taha

    You are too late to response for combating the ICC decision. It would have been better if you have advised Mr. Bashir before the killings had reached a high point of charges. I believe everything has put in order so your response is just barking at the decision. How are you going to fight the ICC decision while the strong leaders were persecuted by the ICC, Charles of Liberia, and many more. Bashir must go to court in order to express himself for what he thinks he has done right in Sudan. The Sudanese are tired of covering Bashir for so long and the devil does not understand the reality. Sudan is not a nation of terrorists so there is no need to cover him for so long. The SPLM has been cooperating with Bashir’s government and he does not believe. It is a time of laying back and leave Bashir alone with his wrong doing. ICC does not want to rule Sudan, but you or Vice President Kiir will take over the leadership. All citizens are suffering including Arabs in Khartoum under this terrible leadership. The vice President of Sudan Slava Kiir will give it a try and will see his ruling as he always talks about transparency government in Sudan. Stop lying that you are going to fight ICC decision.

    Reply
  • postmortem
    postmortem

    Sudan plans to undertake intensive campaign against ICC decision
    The long awaited bomb finally landed yesterday from above. While I thought Taha the lawyer would have advised Bashir well when the bomb hovered still, I am inclined to believe that Bashir didn’t know the impact of the legality of the matter and how far it would go.

    The court has ruled ” Bashir has a case to answer” Should such a clear ruling be politicised again by Taha and their followers?

    This warrant of arrest came at the right time for Africa and in particular our people who have forgotten what we fought for. This should make us united in the first place as southerners because we do not know what Khartoum is planning. With this in mind our leaders will have to think day and night on the question “what will we do if ABCD happen?” Haven’t they come up making statements already?

    Aid agencies are the first casualties of Bashir response to the bomb. Taha, encourage Bashir to hire criminal lawyers from world over to defend him at the court rather than seeking for help from African leaders on what is criminally unacceptable and a waste of time. I have volunteered to nominate for you one from Uganda, McDusman Kabega.

    Bashir was throwing stones at the ICC before its decision. Who told you that you can insult a crocodile while you are still swimming in the water? Wouldn’t it better insult when you out of the water and safe on the ground.?

    Had Bashir handed over the two indictees by the ICC, he could have been looked at as a person who realy know what justice mean. His refusal added more anger to the ICC. Let us now see who will emerge winner in the game. Wish you a safe transition to the ICC.

    Reply
  • Koja Rubi
    Koja Rubi

    Sudan plans to undertake intensive campaign against ICC decision
    Haa!!! AL Bashir and his Taha think that the international community is all about Arab league and African union. these are very toothless organizations.
    the support of UK, US, France, Germany and the UN pro the issuance of the arrest warrant is enough to take Bashir to the Hague.
    The likes of Russia and China only have investment interests in Sudan that is why they want maintain good relationship with Khartoum, though they are permanent members of the UN security council,they can not reverse the decision taken by the majority. They are ever opposed to any decision supported by the USA. Their struggle is capitalism Vs communism, It can’t rescue Al Bashir.
    Leave the coward and dictatorial African leaders alone. Their plan is wait,convince the western world to promise them money,and if this happens, they will be the first to talk pro the ICC. They are hungry wolves opportunists.

    Reply
  • Anyang Ngong Ayuen
    Anyang Ngong Ayuen

    Sudan plans to undertake intensive campaign against ICC decision

    ICC’s DECISION: A TURNING POINT FOR DARFUR

    As the world mourns the death of the Guinea Bissau’s President with his chief of staff, the minds of the viewers in the world are as fresh and alert following the long awaited decision of the International Criminal court on the 10 counts case of war crimes, crimes against humanity and genocide on the Sudanese President, Omar el Bashir.
    And finally the long awaited decision is right here….This is a clear testimony that the International Criminal Court’s indictment of the Sudanese President Omar el Bashir for atrocities and crimes in Darfur provides an opportunity for Sudan and the world to both fight impunity and bring peace to the country. As the world is speculating on the negative possibilities of possible repercussions such as the death or failure to implement the Comprehensive Peace Agreement. In light of acclaimed right thinking members of the society, political jokes, political analyst, economical planners and much focus on the current world economic melt down. Various propositions have been given mentioned looking at the stake of the current Sudan which involves the current health of the Comprehensive Peace Agreement (CPA) that was brokered between the Northerners of Arab majority and the Southerners whose identity dates to Christianity to end the longest war in Africa, the future of Darfur, the political shake down of the whole Sudan, the view that some African leaders find it hard to prosecute a sitting president just to mention a few. It’s also clear that the Arab league and most of the world known figures have come out openly to criticize the awaited move of the ICC on the Sudanese president, while others unanimously criticize the motives of the Prosecutor Louis Moreno Ocampo.
    As the learned friends always mutter that “justice delayed is justice denied” It’s high time that strong arguments be put forward to deter these conflicting views. I tend to recall the fact that, President Bashir since he took on the Sudan’s most highest position way back in 1989, has done much than the mind of a reasonable man can digest and as we contradict ourselves, trying to confuse the independent court that seeks to investigate and bring to justice the perpetrators of war crimes at the highest level. The future of the CPA that we tend to base our arguments of negative impacts of Bashir’s indictment is nothing to worry because its for all of us and as we scrutinize the implications of the above saying, I will not stop there without giving mention to the truth that Bashir’s days are numbered, For the millions of Darfur victims, this landmark decision provides independent legal recognition of the massive crimes committed against them, and confirms that there are reasonable grounds to believe that Bashir is personally criminally responsible. It began with the marginalization of the Southerners way back in the 1950s, now we are talking of the Furs. The problem of the Sudan is something that can be trace decades back, and this is the attempt by various Khartoum-based regimes to build monolithic Arab-Islamic state to the exclusion of other parameters and architects of the Sudanese diversity constitute the fundamental and prime problem of the Sudan and define the Sudanese conflicts. The Sudanese state has excluded the vast majority of the Sudanese people from governance and therefore their marginalization in the political, economical and social fields. This provoked the resistance from the excluded. There have been wars and there continues to be wars in the Sudan simply because majority of the Sudanese are not stakeholders in the governance. The Arab-Islamic state in the Sudan ended up being imposed on the Sudanese by force, rather than by consent of the governed through a consensual social contract; and force has been responded by force.
    Without a blink, the fact that Bashir is just hanging on the hooks and mercy of ICC cannot be connected with the various impacts that might result after the arrest warrant was issued. Gen.Laurent Nkunda, a fomer rebel who was captured recently once said “I will allow my people to suffer for two to three years, and they enjoy enough freedom forever”. In this regard, not considering the invisible war, political, socio-economical instability that might characterize the reigns of such warrants against the Sudan, we shouldn’t forget to say that, we cannot afford to spare justice for peace because all these work hand in hand. It’s therefore a hint to the few hearts that are still against Bashir being taken to Hague for accountability and for him to pay for the blood that has spilt over the soil of Darfur. Despite the fact that history might find its way into the corridors of ICC and world records that Bashir will be the first sitting president to face the knife of ICC since its inception in July 2002, worries should not weight souls of any possibility of Sudan going back to war because this is the only way we can make Bashir accountable. It will also act as an eye opener to the rest of the world and especially African leaders who tend to take the law in their own hands. The recent examples are the Mugabe with Zimbabwe’s political and socio-economical instability, Charles Taylor of Liberia, the LRA leader Joseph Kony and as Kony’s friend Thomas Lubanga faces true colors of the ICC, lets not forget that the indictment is aimed at creating a flat form for Bashir, to change course and advance the roots of peace and justice in the Sudan. If only fundamental change and country policies are not change, pressure will continue to be mounted on the Sudan, Bashir’s NCP will experience isolation among its people and the Sudanese people will pay the price for all this acts of indiscipline. The Sudanese allies shouldn’t question the mandate and jurisdiction of the ICC, but should prepare hearts to provide irreversible and unconditional evidence of its commitment to the peace process; this is the only way the UN Security Council can consider the prospect of a deferral of Bashir’s prosecution.

    Phillips Anyang Ngong
    (The author is a law student at Kampala International University and can be reached on [email protected] or [email protected])

    Reply
  • kuduhal
    kuduhal

    Sudan plans to undertake intensive campaign against ICC decision
    Taha,i refers to an outdated articles writtent by west diplomate on this websit,that your name and more officals from NCP Part are wanted to answer few Questions about raged situation in Darfur.

    Now your defensive startegy has no common ground for ICC to withdraw arrest warranty issued to your president.
    You said that they issued arrest warranty to bashir but he is now still a president.

    Will,when US warn sadam to stepdown,it took couples of years on a diplomatic affairs but after ignorant that why iraq was envaded.

    Bashir would remain as zero president because all power at international level are taken by the ICC and that will show you that your country will be affected by economic,extenal poltical and international relationship plus more issues

    However he would still be Mr president but wanted president so my Advise to sudan authorities is that you need to have urgent meeting to vote or elect who would be the next president when bashir is taken by his an unctrolled crimes.

    MA minus oppotunity.

    John the Great.

    Reply
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